Senate Bill 1622

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    Florida Senate - 2000                                  SB 1622

    By Senator Dyer





    14-248A-00

  1                      A bill to be entitled

  2         An act relating to state uniform traffic

  3         control; creating s. 316.29545, F.S.; directing

  4         the Department of Highway Safety and Motor

  5         Vehicles to provide for the issuance of medical

  6         exemption certificates to certain persons who

  7         may operate a motor vehicle with sunscreening

  8         materials that are not in compliance with state

  9         law; providing for exemptions for certain law

10         enforcement vehicles; providing for a fee;

11         amending s. 316.2954, F.S.; revising standards

12         for window tinting; providing penalties;

13         amending s. 316.220, F.S.; prohibiting material

14         that alters light color from being placed over

15         a headlamp; providing penalties; amending s.

16         316.221, F.S.; prohibiting material that alters

17         visibility from being placed over a taillamp;

18         providing penalties; amending s. 316.234, F.S.;

19         prohibiting material that alters visibility

20         from being placed over a stop lamp or turn

21         signal lamp; providing penalties; amending s.

22         316.237, F.S.; prohibiting material that alters

23         visibility from being placed over a headlamp;

24         providing penalties; amending s. 316.605, F.S.;

25         prohibiting material that covers any part

26         thereof from being placed over a license plate;

27         providing penalties; providing an effective

28         date.

29

30  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2000                                  SB 1622
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  1         Section 1.  Section 316.29545, Florida Statutes, is

  2  created to read:

  3         316.29545  Window sunscreening exclusions; medical

  4  exemption; certain law enforcement vehicles exempt.--

  5         (1)  The department shall issue medical exemption

  6  certificates to persons who are afflicted with Lupus or

  7  similar medical conditions that require a limited exposure to

  8  light, which certificates shall entitle the person to whom the

  9  certificate is issued to have sunscreening material on the

10  windshield, side windows, and windows behind the driver which

11  are in violation of the requirements of ss. 316.2951-316.2957.

12  The department shall provide, by rule, for the form of the

13  medical certificate authorized by this section. At a minimum,

14  the medical exemption certificate shall include a vehicle

15  description with the make, model, year, vehicle identification

16  number, and medical exemption decal number issued for the

17  vehicle and the name of the person or persons who are the

18  registered owners of the vehicle. A medical exemption

19  certificate is not transferable and becomes null and void upon

20  the sale or transfer of the vehicle identified on the

21  certificate.

22         (2)  The department shall exempt all law enforcement

23  vehicles used in undercover or canine operations from the

24  window sunscreening requirements of ss. 316.2951-316.2957.

25         (3)  The department may charge a fee in an amount

26  sufficient to defray the expenses of issuing a medical

27  exemption certificate described in subsection (1).

28         Section 2.  Paragraphs (a) and (b) of subsection (1) of

29  section 316.2954, Florida Statutes, are amended to read:

30         316.2954  Windows behind the driver; restrictions on

31  sunscreening material.--

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    Florida Senate - 2000                                  SB 1622
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  1         (1)  A person shall not operate any motor vehicle on

  2  any public highway, road, or street on which vehicle any

  3  windows behind the driver are composed of, covered by, or

  4  treated with any sunscreening material, or other product or

  5  material which has the effect of making the window

  6  nontransparent or which would alter the window's color,

  7  increase its reflectivity, or reduce its light transmittance,

  8  except as specified below:

  9         (a)  Sunscreening material consisting of film that

10  which, when applied to and tested on the rear window glass of

11  the specific motor vehicle, has a total solar reflectance of

12  visible light of not more than 25 35 percent as measured on

13  the nonfilm side and a light transmittance of at least 28 15

14  percent in the visible light range; however, sunscreening

15  material that which, when applied to and tested on the rear

16  window glass of the specific motor vehicle, has a total solar

17  reflectance of visible light of not more than 25 35 percent as

18  measured on the nonfilm side and a light transmittance of at

19  least 15 6 percent in the visible light range may be used on

20  multipurpose passenger vehicles and law enforcement vehicles.

21         (b)  Perforated sunscreening material which, when

22  tested in conjunction with existing glazing or film material,

23  has a total reflectance of visible light of not more than 28

24  35 percent and a light transmittance of no less than 30

25  percent.  For those products or materials having different

26  levels of reflectance, the highest reflectance from the

27  product or material will be measured by dividing the area into

28  16 equal sections and averaging the overall reflectance.  The

29  measured reflectance of any of those sections may not exceed

30  35 50 percent.

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  1         Section 3.  Subsection (1) of section 316.220, Florida

  2  Statutes, is amended to read:

  3         316.220  Headlamps on motor vehicles.--

  4         (1)  Every motor vehicle shall be equipped with at

  5  least two headlamps with at least one on each side of the

  6  front of the motor vehicle, which headlamps shall comply with

  7  the requirements and limitations set forth in this chapter,

  8  and shall show a white light. An object, material, or covering

  9  that alters the headlamp's light color may not be placed,

10  displayed, installed, affixed, or applied over a headlamp.

11         Section 4.  Subsection (1) of section 316.221, Florida

12  Statutes, is amended to read:

13         316.221  Taillamps.--

14         (1)  Every motor vehicle, trailer, semitrailer, and

15  pole trailer, and any other vehicle which is being drawn at

16  the end of a combination of vehicles, shall be equipped with

17  at least two taillamps mounted on the rear, which, when

18  lighted as required in s. 316.217, shall emit a red light

19  plainly visible from a distance of 1,000 feet to the rear,

20  except that passenger cars and pickup trucks manufactured or

21  assembled prior to January 1, 1972, which were originally

22  equipped with only one taillamp shall have at least one

23  taillamp.  On a combination of vehicles, only the taillamps on

24  the rearmost vehicle need actually be seen from the distance

25  specified.  On vehicles equipped with more than one taillamp,

26  the lamps shall be mounted on the same level and as widely

27  spaced laterally as practicable. An object, material, or

28  covering that alters the taillamp's visibility from 1,000 feet

29  may not be placed, displayed, installed, affixed, or applied

30  over a taillamp.

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  1         Section 5.  Subsections (1) and (2) of section 316.234,

  2  Florida Statutes, are amended to read:

  3         316.234  Signal lamps and signal devices.--

  4         (1)  Any vehicle may be equipped and, when required

  5  under this chapter, shall be equipped with a stop lamp or

  6  lamps on the rear of the vehicle which shall display a red or

  7  amber light, visible from a distance of not less than 300 feet

  8  to the rear in normal sunlight, and which shall be actuated

  9  upon application of the service (foot) brake, and which may

10  but need not be incorporated with one or more other rear

11  lamps. An object, material, or covering that alters the stop

12  lamp's visibility from 300 feet to the rear in normal sunlight

13  may not be placed, displayed, installed, affixed, or applied

14  over a stop lamp.

15         (2)  Any vehicle may be equipped and, when required

16  under s. 316.222(2), shall be equipped with electric turn

17  signals which shall indicate an intention to turn by flashing

18  lights showing to the front and rear of a vehicle or on a

19  combination of vehicles on the side of the vehicle or

20  combination toward which the turn is to be made.  The lamps

21  showing to the front shall be mounted on the same level and as

22  widely spaced laterally as practicable and, when signaling,

23  shall emit white or amber light. The lamps showing to the rear

24  shall be mounted on the same level and as widely spaced

25  laterally as practicable, and, when signaling, shall emit a

26  red or amber light.  Turn signal lamps on vehicles 80 inches

27  or more in overall width shall be visible from a distance of

28  not less than 500 feet to the front and rear in normal

29  sunlight, and an object, material, or covering that alters the

30  lamp's visibility from a distance of 500 feet to the front or

31  rear in normal sunlight may not be placed, displayed,

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    Florida Senate - 2000                                  SB 1622
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  1  installed, affixed, or applied over a turn signal lamp. Turn

  2  signal lamps on vehicles less than 80 inches wide shall be

  3  visible at a distance of not less than 300 feet to the front

  4  and rear in normal sunlight, and an object, material, or

  5  covering that alters the lamp's visibility from a distance of

  6  300 feet to the front or rear in normal sunlight may not be

  7  placed, displayed, installed, affixed, or applied over a turn

  8  signal lamp.  Turn signal lamps may, but need not be,

  9  incorporated in other lamps on the vehicle.

10         Section 6.  Subsection (1) of section 316.237, Florida

11  Statutes, is amended to read:

12         316.237  Multiple-beam road-lighting equipment.--

13         (1)  Except as hereinafter provided, the headlamps or

14  the auxiliary driving lamp or the auxiliary passing lamp or

15  combination thereof on motor vehicles shall be so arranged

16  that the driver may select at will between distributions of

17  light projected to different elevations and such lamps may, in

18  addition, be so arranged that such selection can be made

19  automatically, subject to the following limitations:

20         (a)  There shall be an uppermost distribution of light,

21  or composite beam, so aimed and of such intensity as to reveal

22  persons and vehicles at a distance of at least 450 feet ahead

23  for all conditions of loading.

24         (b)  There shall be a lowermost distribution of light,

25  or composite beam, so aimed and of sufficient intensity to

26  reveal persons and vehicles at a distance of at least 150 feet

27  ahead; and on a straight level road under any condition of

28  loading none of the high intensity portion of the beam shall

29  be directed to strike the eyes of an approaching driver.

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    Florida Senate - 2000                                  SB 1622
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  1  An object, material, or covering that alters the headlamp's

  2  visibility from at least 450 feet for an uppermost

  3  distribution of light or at least 150 feet for a lowermost

  4  distribution of light may not be placed, displayed, installed,

  5  affixed, or applied over a headlamp.

  6         Section 7.  Subsection (1) of section 316.605, Florida

  7  Statutes, is amended to read:

  8         316.605  Licensing of vehicles.--

  9         (1)  Every vehicle, at all times while driven, stopped,

10  or parked upon any highways, roads, or streets of this state,

11  shall be licensed in the name of the owner thereof in

12  accordance with the laws of this state unless such vehicle is

13  not required by the laws of this state to be licensed in this

14  state and shall, except as otherwise provided in s. 320.0706

15  for front-end registration license plates on truck tractors,

16  display the license plate or both of the license plates

17  assigned to it by the state, one on the rear and, if two, the

18  other on the front of the vehicle, each to be securely

19  fastened to the vehicle outside the main body of the vehicle

20  in such manner as to prevent the plates from swinging, with

21  all letters, numerals, printing, writing, and other

22  identification marks upon the plates clear and distinct and

23  free from defacement, mutilation, grease, and other obscuring

24  matter, so that they will be plainly visible and legible at

25  all times 100 feet from the rear or front. An object,

26  material, or covering that covers any letter, numeral, or

27  other identification mark of the license plate may not be

28  placed, displayed, installed, affixed, or applied upon a

29  license plate. Nothing shall be placed upon the face of a

30  Florida plate except as permitted by law or by rule or

31  regulation of a governmental agency.  No license plates other

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    Florida Senate - 2000                                  SB 1622
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  1  than those furnished by the state shall be used.  However, if

  2  the vehicle is not required to be licensed in this state, the

  3  license plates on such vehicle issued by another state, by a

  4  territory, possession, or district of the United States, or by

  5  a foreign country, substantially complying with the provisions

  6  hereof, shall be considered as complying with this chapter. A

  7  violation of this subsection is a noncriminal traffic

  8  infraction, punishable as a nonmoving violation as provided in

  9  chapter 318.

10         Section 8.  This act shall take effect July 1, 2000.

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13                          SENATE SUMMARY

14    Exempts certain law enforcement vehicles from statutory
      window sunscreening requirements. Requires the Department
15    of Highway Safety and Motor Vehicles to exempt a motor
      vehicle from statutory window sunscreening requirements
16    when the driver has a medical condition that requires
      limited exposure to light. Revises standards for
17    permissible window sunscreening. Prohibits the
      installation of any material the alters the visibility of
18    a headlamp, taillamp, stop lamp, or turn signal lamp or
      the color of a headlamp.
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